History of Law - Short Answer

Question 1

Code of Hammurabi’s impact on legal system today

Answer 1

1792 BC
1. followed codification: judges would look at this code and decide the punishment instead of deciding themselves.
2. it followed the principle that the strong should not injure the weak
3. retribution was important: the philosophy was “an eye for an eye”

→ it allowed the accused and the accuser to present their case in front of a judge
→ there was a strong belief of holding people accountable

Question 2

Mosaic Law’s influence on legal system today

Answer 2

2350 BC
1. the punishments of mosaic law were very severe (eg. adultery → death by stoning)
2. for theft, the offender had to repay the victims for the stolen goods

→ for theft, a person is required to pay a fine or they have to serve in jail
→ restitution (giving something stolen back to the owner) has become a more common punishment

Question 3

Passing a law

Answer 3

An idea (create bill) → first reading (no discussion/debate/vote) → second reading (may question/debate/vote) → committee report stage (public and export input/vote/make changes) → third reading (more discussion/debate in HOC) → vote in HOC → senate (federal level only - follows same process) → royal assent (signed by GG or Queen - turns bill into law)

Question 4

principles of customary law (SRCG)

Answer 4

→ sovereignty - nation’s power to govern itself
→ recognition - sovereign nations must be recognized by other states
→ consent - bound by new international laws only after they give consent
→ good faith - expected to conduct affairs with reasonableness and common sense

Question 5

principles of customary law (FISH)

Answer 5

→ freedom of the seas - can’t claim ownership of any portion of the high seas
→ international responsibility - state that doesn’t meet an international obligation
→ self-defense - a threat of use of force against other states
→ humanitarianism - respect for interests of humankind (famine or disaster relief)

Question 6

Amending Formula

Answer 6

• the procees of changing the constitution using the formula
  → the change needs to be approved by
  1. the federal parliament
  2. the senate
  3. a minimum number of provincial legislatures
  4. at least 7 provinces that represent at least 50% of the population
• it is effective because a constitution shouldn’t be too easy or difficult to change
  → if easy, change would happen all the time
  → cannot be difficult because values change over time, and the constitution should be able to include those changes
• different formulas for different aspects of the constituion
  → making sure decisions are fair